Adjustment of Status

Introduction:

Adjustment of Status (AoS) is a crucial process for non-immigrants in the United States who wish to become lawful permanent residents. This change is significant for individuals who have decided to make the U.S. their permanent home.

 U.S. Department of Homeland Security

Detailed Explanation:

Adjustment of Status is an immigration procedure under U.S. law allowing certain people already in the U.S. to apply for permanent residency (a green card). This process is available to individuals who entered the U.S. legally and meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS). The most common categories eligible for AoS include those who entered the U.S. on a valid visa (like a student or work visa) and are seeking to change their status due to events like marriage to a U.S. citizen, job offers, or asylum.

Relevance to Different Visa Types:

• Family-Based Visas: Individuals on a K-1 fiancé(e) visa or with U.S. citizen relatives.

• Employment-Based Visas: Workers on temporary visas (like H-1B) sponsored by employers for permanent positions.

• Asylum or Refugee Status: Those granted asylum or refugee status can apply for a green card after one year.

Application Process:

The process involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. Here are the steps: 

• Check Eligibility: Visit the Green Card Eligibility Categories page to determine your specific category and its requirements.

• File an Immigrant Petition: Depending on your category, file the appropriate petition, such as I-130 for family, I-140 for employment, or others like I-360, I-526, I-918.

• Visa Availability and Form I-485: Before applying, ensure a visa is available in your category. If eligible and in the U.S., file Form I-485, adhering to the category-specific guidelines.

• Biometrics Appointment: Attend your scheduled biometrics session at the Application Support Center.

• Interview and Additional Evidence: If required, attend an interview at a USCIS office and respond to any requests for additional evidence in a timely manner.

• Decision and Follow-Up: Track your case status online. Once a decision is made, USCIS will inform you. If approved, you'll receive your Green Card; if denied, you'll be given reasons and potential next steps.

Required Documents:

Required documents typically include proof of legal entry into the U.S., current immigration status, and eligibility for a green card (like marriage certificates or job offer letters). Here are the details:

• Birth Certificate: Provide a copy. If it's not in English, include a certified translation.

• Marriage Certificate/Divorce Decree: Provide copies if applicable. If not in English, include a certified translation.

• Passport Information: Copy of your passport's biographical page and all US visa/entry stamps.

• I-94 Record: Copy of your latest I-94 arrival/departure record from the CBP website.

• Nonimmigrant Status Documents: Copies of all nonimmigrant status documents (Form I-20s, DS-2019, I-129 Approval Notices).

• J-1 Status Documents: If applicable, provide a copy of J-1 waiver approval notice (I-612) or evidence of completing the home-country physical presence requirement. Physicians under Conrad 30 need a confirmation letter.

• Employment Authorization Documents (EAD): Copies of all EADs front and back.

• I-140 and PERM Documents: Copy of I-140 Approval Notice and, if PERM-based, ETA 9089 Labor Certification or original I-140 Petition.

• Healthcare Workers: Copy of professional license and Visa Screen certificate if applicable.

• Photographs: Six identical passport photographs per DOS guidelines.

• Medical Examination: Examination by a USCIS-approved physician. Submit the sealed Form I-693.

• Travel Plans: Inform of any upcoming international travel plans.

Examples and Use Cases:

• A student (F-1 visa holder) marrying a U.S. citizen and applying for a green card.

• Employees on a work visa are sponsored by their employer for permanent residency.